Rajesh Kumar @ Jitendra Paswan @ Jitendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5583 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Rajesh Kumar @ Jitendra Paswan @ Jitendra Ram S/o Chirkut Ram R/o Village- Ugana, P.S.- Jagdispur, District- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jagdishpur P.S. Case no. 270 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 24 liters country made 'mahua' was recovered beside the canal.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession
Patna High Court CR. MISC. No.5583 of 2025(2) dt.21-02-2025 2/2 of the petitioner. The name of the petitioner has been surfaced on the basis of disclosure made by local chowidaar. Similarly situated other co-accused person has already been granted bail by this court vide order dated 05.12.2024 in Cr. Misc. No. 79809 of 2024.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jagdishpur P.S. Case no. 270 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T